[Asia Economy Reporters Suwan Kim and Intern Sungyeol Kim] The medical license of Korean medicine doctor Kim, who operated the 'Raising Children Without Medicine (Anaki)' cafe, has been revoked. However, since the license can be reissued after three years, controversy has arisen over the so-called medical license 'iron rice bowl'.
On the 9th, the Ministry of Health and Welfare (MOHW) announced that it had revoked the Korean medicine doctor's license of Kim, the operator of the 'Anaki' cafe, on the 31st of last month. This license revocation is a follow-up measure following the Supreme Court's final ruling last year.
In May of last year, the Supreme Court upheld the original sentence of 2 years and 6 months imprisonment with a 3-year probation and a fine of 30 million KRW against Korean medicine doctor Kim, who was indicted for violating the Special Act on the Control of Health Crimes (manufacturing counterfeit medicines) and the Food Sanitation Act.
The first trial court stated, "The activated charcoal, which is an unverified simple additive filtration aid manufactured and managed in an unsanitary environment, was actively recommended to parents of infants and young children as having therapeutic effects, so the guilt is by no means light."
The Korean Medical Association (KMA) has continuously stated regarding the 'Anaki' incident that "Anaki is a baseless and absurd healing method that misleads the public" and "It must be thoroughly investigated and legally sanctioned."
The problem is that Kim can apply to the MOHW for reissuance of the Korean medicine doctor license after three years. The prohibition period for reissuance is from one to three years, and after this period, an application for reissuance can be made.
The MOHW can reissue the license if it recognizes that the reason for the license revocation no longer exists or that there is a clear sign of repentance. There is no separate review procedure at this time.
Ultimately, medical professionals like Kim, whose licenses have been revoked, can receive reissuance of their licenses and continue medical practice.
According to the current Medical Service Act, license revocation occurs when violating certain criminal laws and medical regulations. However, if a medical professional receives imprisonment or higher criminal punishment for non-criminal offenses (embezzlement, breach of trust, theft, rape, professional negligence causing death or injury, etc.) or violations of general special laws, their medical license cannot be revoked.
According to the 'Status of Administrative Dispositions for License Revocation' submitted by the MOHW to Nam In-soon (Democratic Party), a member of the National Assembly's Health and Welfare Committee during last year's National Assembly audit, a total of 241 doctors had their licenses revoked from 2014 to 2019.
Among them were 41 doctors who violated Article 23-2 of the law (standardization of electronic medical records, etc.) to obtain unfair economic benefits, and 39 doctors who falsified documents or fraudulently claimed medical fees.
During the same period, according to the 'Medical License Reissuance Application and Results,' out of 76 applications for license reissuance, 74 were approved, resulting in an approval rate of 97.4%.
Sexual crimes by doctors are also increasing. According to the National Police Agency, the number of doctors caught for sexual crimes increased from 83 in 2014 to 163 in 2018, nearly doubling.
The total number of doctors caught during this period reached 611. Rape and sexual assault accounted for 539 cases (88.2%), the largest proportion, and 57 doctors (9.3%) were caught for illegal filming of others' bodies.
Given this situation, numerous bills have been proposed to restrict the reissuance of medical licenses.
In 2018, Democratic Party lawmaker Sang-hee Kim proposed an amendment to the Medical Service Act aimed at expelling doctors who commit illegal acts.
According to this bill, if a medical professional performs proxy surgery, commits sexual crimes during treatment, or uses unauthorized injections, their license will be revoked. Also, if sentenced for professional negligence related to medical practice, they will be subject to license revocation or suspension.
Additionally, in 2007, Democratic Party lawmaker Ki-jung Kang proposed a bill to revoke the licenses of doctors who commit sexual violence crimes and restrict license reissuance.
Following that, in 2012, triggered by an obstetrician's corpse abandonment case, then Democratic United Party lawmaker Eon-ju Lee proposed a bill to revoke the licenses of doctors who commit murder and concealment of corpses. However, these bills were discarded due to opposition from the medical community.
© The Asia Business Daily(www.asiae.co.kr). All rights reserved.
